General terms and conditions of sale
These general conditions of sale (hereinafter the "General Conditions" or "GCS") apply to any purchase made by an individual (hereinafter the "CUSTOMER") on the website https://benublanc.com/ (hereinafter the "WEBSITE") from BENU BLANC, a simplified joint stock company with a share capital of 15,250 euros, registered in the Grenoble Trade and Companies Register under number 848 365 912, located at 1 chemin du Tracollet - 38113 Veurey Voroize, France, Tel: +33 (0)6 09 54 09 68 (hereinafter "BENU BLANC").
These General Conditions are intended to govern the sale and delivery of products ordered from BENU BLANC via the SITE.
They are accessible and printable at any time via a hyperlink available on the homepage of the SITE.
Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general conditions of sale.
Article 1. Definitions
The terms used below have the following meaning in these General Conditions:
- " SHOP": refers to the points of sale (for example, concept store, department store stand)
- " CUSTOMER": designates the co-contractor of BENU BLANC, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly stipulated that this CUSTOMER is acting outside of any usual or commercial activity.
- "ORDER ": refers to the purchase of products by a CUSTOMER from BENU BLANC
- "ACCOUNT ": refers to all the data provided by the CUSTOMER, hosted on the SITE. Access to the ACCOUNT is done through the CUSTOMER'S IDENTITY and allows access to the CUSTOMER'S PERSONAL AREA.
- " PERSONAL AREA": refers to the space dedicated to the CUSTOMER associated with his or her ACCOUNT, which allows him or her to manage all the ORDERS placed via the SITE.
- " IDENTIFIER": shall designate the email address and password chosen by the CUSTOMER, which are required to access his/her ACCOUNT on the SITE.
- " DELIVERY": shall designate the first presentation of the products ordered by the CUSTOMER at the delivery address indicated at the time of the ORDER.
- "TERRITORY": refers to Metropolitan France, Monaco, Corsica, Switzerland, and all countries in the Euro zone, i.e. Germany, Austria, Belgium, Cyprus, Spain, Estonia, Finland, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovakia and Slovenia.
Article 2. Subject
These Terms and Conditions govern the sale of products via the SITE. The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers. Professionals can contact the sales department of BENU BLANC to benefit from specific contractual conditions.
The CUSTOMER is expressly informed that these General Conditions are not applicable to the purchase of products in the SHOP. The contractual conditions dedicated to the sale of products in the SHOP are available for consultation in the SHOP.
Article 3. Acceptance of the general conditions
The CUSTOMER undertakes to read these terms and conditions carefully and to accept them, before proceeding with the payment of an ORDER for products.
The present General Conditions are referenced at the bottom of each page of the WEBSITE by means of a link and must be consulted and expressly accepted before placing the ORDER. The CUSTOMER is invited to read carefully, download, print the General Conditions and keep a copy.
BENU BLANC advises the CUSTOMER to read the General Conditions at each new ORDER, the latest version of the said Conditions applying to any new ORDER of products.
By clicking on the "Order" button to place the ORDER, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Registration on the site
In order to purchase a product, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he/she is a minor, be able to prove the agreement of his/her legal representatives.
The registration of the CUSTOMER on the SITE is free.
Article 4.1. Time of registration
In order to place an order, the CUSTOMER will be invited to register on the SITE, i.e. to create an ACCOUNT.
All CUSTOMERS have the option of registering when they first visit the SITE.
In any case, he must register at the latest at the time of validation of his ORDER.
Article 4.2. Registration procedure
In order to open an ACCOUNT, the CUSTOMER must :
- Fill in the form provided for this purpose and fill in all the required information and in particular their name, first name, e-mail address. The sign (*) indicates the mandatory fields that must be completed for the registration of the CUSTOMER to be processed by BENU BLANC
- Choose IDENTIFIERS, that is to say an e-mail address and a password, which can be changed at any time. It is recommended to change the password regularly.
Any incomplete registration will not be validated, which the CUSTOMER acknowledges and accepts.
The information that the CUSTOMER provides to BENU BLANC during the registration must be complete, exact and up to date. BENU BLANC reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information provided.
The CUSTOMER's registration automatically leads to the opening of an ACCOUNT in their name, giving them access to a PERSONAL AREA that allows them to manage their product ORDERS.
At the end of this process, the CUSTOMER will receive an email confirming the registration.
The CUSTOMER agrees to create only one and only one ACCOUNT on the SITE.
CUSTOMERS warrant that all information they provide in the registration form is accurate, current and truthful, and is not misleading.
They undertake to update this information in their PERSONAL AREA without delay in the event of changes, so that it always corresponds to the above-mentioned criteria.
CUSTOMERS are informed and agree that the information entered for the purpose of creating or updating their ACCOUNT is proof of their identity. The information entered by the CUSTOMERS is binding upon them as soon as it is validated.
CUSTOMERS can access their PERSONAL AREA at any time after having identified themselves with their IDENTIFiers.
The PERSONAL AREA allows the CUSTOMER to consult all his ORDERS made on the SITE, and also allows him, if necessary, to follow the DELIVERY of the products.
However, BENU BLANC undertakes to keep securely all the contractual elements whose conservation is required by the law or the regulations in force.
In case of violation of these provisions relating to the registration of a CUSTOMER, BENU BLANC may send him an e-mail and will allow him a period of seven (7) working days to comply with these provisions. This e-mail will indicate the grievances reproached as well as the obligations whose non-respect is alleged. At the end of this period, BENU BLANC can suspend the CUSTOMER's ACCOUNT. If the CUSTOMER does not comply within a new period of seven (7) working days, BENU BLANC can delete his ACCOUNT. In case of orders in progress, they must be paid by the CUSTOMER and delivered by BENU BLANC.
This exclusion is not exclusive of the possibility, for BENU BLANC, to undertake legal proceedings against the CUSTOMER, when the facts justify it.
Article 4.3. Management of IDENTIFIERS
The CUSTOMER will be solely responsible for the use of his IDENTIFIERS or actions taken through his ACCOUNT.
In the event that a CUSTOMER discloses or uses his IDENTIFIERS in a manner contrary to their purpose, BENU BLANC may terminate the ACCOUNT without notice or compensation.
In any case, BENU BLANC shall not be held responsible in case of impersonation of a CUSTOMER. Any access and action carried out from a CUSTOMER's ACCOUNT will be presumed to be carried out by that CUSTOMER, insofar as BENU BLANC is not obliged and does not have the technical means to ensure the identity of the persons having access to the ACCOUNT.
Any loss, misappropriation, or unauthorized use of a CUSTOMER's IDENTIFIERS and their consequences are the sole responsibility of the CUSTOMER, the latter being obliged to inform BENU BLANC, without delay, by email to the following address: firstname.lastname@example.org.
Article 4.4. Unsubscription
The CUSTOMER can at any time close his ACCOUNT by sending an email to the following address email@example.com. BENU BLANC will proceed as soon as possible to a deactivation of the ACCOUNT and will send the CUSTOMER an email confirming the closure of its ACCOUNT.
In case of orders in progress, they must be paid by the CUSTOMER and delivered by BENU BLANC.
Article 5. Orders
Article 5.1. Characteristics of the products
BENU BLANC undertakes to present the essential characteristics of the products on the SITE and the information required under applicable law.
The CUSTOMER agrees to read them carefully before placing an order on the SITE.
Article 5.2. Ordering procedure
Product ORDERS are placed directly on the SITE. To place an ORDER, the CUSTOMER must follow the steps described below(please note, however, that depending on the CUSTOMER's home page, the steps may differ slightly).
5.2.1. Product selection and purchase options
The CUSTOMER will have to select the product of his choice by clicking on the product concerned and by choosing the desired quantities. A description of the product (with the main characteristics of the products, etc.) will be provided on the SITE.
Once the product is selected, the product is placed in the CUSTOMER's shopping cart. The CUSTOMER can then add as many products as he/she wishes to his/her basket.
Once the products have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and verify that the content of his ORDER is correct. If the CUSTOMER has not yet done so, he/she will then be invited to identify himself/herself.
Once the CUSTOMER has validated the contents of the shopping cart and has identified/registered, an online form will be displayed, automatically filled in, summarizing the price, applicable taxes and, if applicable, delivery charges.
The CUSTOMER is invited to check the content of his ORDER (including the quantity, characteristics and references of the products ordered, the billing address, the payment method and the price) before validating its content.
The CUSTOMER can then proceed to the payment of the products by following the instructions on the SITE and provide all the information necessary for the billing and DELIVERY of the products.
Orders placed must include all information necessary for the proper processing of the ORDER.
The CUSTOMER must also select the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's ORDER. A copy of the acknowledgement of receipt of the ORDER is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated through the registration form is correct.
It is specified that the summary of the ORDER as well as the confirmation email can be kept and printed by the CUSTOMER.
BENU BLANC does not send any confirmation of ORDER by mail or by fax.
During the ordering process, the CUSTOMER will have to enter the necessary information for the invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's ORDER to be processed by BENU BLANC).
In particular, the CUSTOMER must clearly indicate all information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
The CUSTOMER must also specify the chosen method of payment.
Neither the order form that the CUSTOMER establishes on line, nor the acknowledgement of receipt of the order that BENU BLANC sends to the CUSTOMER by e-mail constitute an invoice. Whatever the method of ORDER or payment used, the CUSTOMER will be able to retrieve his or her invoice from the order confirmation email that is sent to him or her.
5.2.5. Other features of the PERSONAL AREA
From his PERSONAL AREA, the CUSTOMER has the possibility to manage his personal information and to modify them, to inquire about the past, current or recently shipped ORDERS and to exercise his right of withdrawal.
The CUSTOMER can also subscribe or unsubscribe to our newsletter.
Article 5.3. Date of the ORDER
The date of the order is the date on which BENU BLANC acknowledges receipt of the ORDER online. The deadlines indicated on the SITE only start to run from this date.
Article 5.4. Price
For all products, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the package, the DELIVERY address and the carrier or mode of transport chosen).
The prices include in particular the value added tax (VAT) at the rate in force at the date of the order. Any change in the applicable rate may affect the price of the products from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the product sold.
The prices of the suppliers of BENU BLANC are likely to be modified. Consequently, the prices indicated on the SITE may change. They may also be modified in case of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is the one indicated on the SITE on the date the order is placed by the CLIENT.
Article 5.5. Availability of products
BENU BLANC undertakes to deliver the product on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
The CUSTOMER is however warned that BENU BLANC uses specialized external carriers to deliver its products.
The unavailability of a product is in principle indicated on the page of the product concerned. The CUSTOMERS can also be informed of the restocking of a product by BENU BLANC.
In any case, if the unavailability was not indicated at the time of the ORDER, BENU BLANC undertakes to inform the CUSTOMER without delay if the product is unavailable.
In the event that a product is unavailable, BENU BLANC can, and if the parties agree, offer an alternative product of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order of unavailable products, he will obtain reimbursement of all sums paid for the unavailable products within ten (10) days of payment at the latest.
Article 6. Evaluation of the services " Application Judge.me ".
Any purchase on the WEBSITE https://www.benublanc.com offers the CUSTOMER the possibility to participate to the operation "Site evaluated - Judge.me " organized by Judge.me.
Through a satisfaction questionnaire whose purpose is to measure the quality of service that has been provided throughout the act of purchase, the CUSTOMER will be able to share his personal experience with BENU BLANC and share it with the community of Internet users from the application Judge.me. This questionnaire may be sent to the CUSTOMER by Judge.me via an email.
The information collected in this questionnaire is subject to an automated data processing whose manager is Judge.me. Partial answers or an absence of answer to this satisfaction questionnaire have no incidence on the progress of the order of the CUSTOMER and its treatment.
Judge.me and BENU BLANC are the recipients of the nominative data collected within these satisfaction questionnaires. The non-nominative data will be used by Judge.me in accordance with the regulations in force and in particular with those concerning the protection of personal data.
In accordance with the French law "Informatique et Libertés" of January 6, 1978, the CUSTOMER has, at any time, a right of access, rectification, and opposition to all his personal data by writing, by mail and by proving his identity.
In addition, any CUSTOMER wishing to write to BENU BLANC about a particular notice will be invited to write to this address: firstname.lastname@example.org by providing the precise references of the notice concerned.
A posteriori, and in case of relevant report, BENU BLANC undertakes to delete or erase a review only if it :
- Does not respect the present General Conditions;
- Contains abusive, defamatory, racist or illegal content.
Article 7. Right of withdrawal
The terms of the right of withdrawal are provided in the "withdrawal policy", policy available in Annex 1 of these Terms.
Article 8. Payment
Article 8.1. Means of payment
The CUSTOMER can pay for his products online on the SITE following the means proposed by BENU BLANC, that is to say by credit card (Visa, MasterCard, American Express, Apple Pay), PayPal and Paypal Express, or payment in 3x without charge via the provider Alma.
At this stage, the CUSTOMER also has the possibility of indicating a Promo Code that gives rise to an advantage (discount, free products) provided that it is still valid. To do so, the CUSTOMER must integrate his promotional code at the time of payment, in the "Discount Code" box and then click on " Apply". His Code is then integrated into his purchase and the CUSTOMER benefits from the reduction.
The CUSTOMER guarantees BENU BLANC that he/she has all the necessary authorizations to use the chosen payment method.
BENU BLANC will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of the online payment on the SITE.
In this regard, it is specified that all information relating to the payment provided on the SITE are transmitted to the SITE's bank and are not processed on the SITE.
Article 8.2. Payment date
In the case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the product ORDER is placed on the SITE.
If the CUSTOMER decides to cancel the order of unavailable products, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
Article 8.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of BENU BLANC in order to pay the ORDER by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER would be impossible, the ORDER will be cancelled and the sale automatically terminated.
Article 9. Proof and archiving
Any contract concluded with the CUSTOMER corresponding to an order of an amount higher than 120 euros including VAT will be archived by BENU BLANC for a duration of ten (10) years in accordance with the article L. 213-1 of the Code of consumption.
BENU BLANC agrees to archive this information in order to follow up the transactions and to produce a copy of the contract at the request of the CUSTOMER.
In case of dispute, BENU BLANC will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 10. Transfer of property
BENU BLANC remains the owner of the delivered products until their complete payment by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the products subject to retention of title, as well as the risks of damage they may cause.
Article 11. Delivery
The terms of DELIVERY of the products are provided in the "delivery policy" referred to in Annex 2 hereof.
Article 12. Guarantees
Apart from the commercial guarantees that BENU BLANC could propose for certain products, every CUSTOMER benefits from "legal" guarantees, for all the products, which are detailed below.
Article 12.1. Legal guarantee of conformity
Article L. 217-4 of the Consumer Code: " BENU BLANC delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility".
Article L.217-5 of the French Consumer Code: " The goods are in conformity with the contract:
1° If they are fit for the purpose usually expected of similar goods and, if applicable :
- if it corresponds to the description given by BENU BLANC and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by BENU BLANC, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and that the latter has accepted.
BENU BLANC is likely to answer for the defects of conformity existing at the time of the delivery and the defects of conformity resulting from the packing, the instructions of assembly or the installation when this one was put at its load or was carried out under its responsibility.
The action resulting from the defect of conformity is prescribed by two (2) years as from the delivery of the product. (Article L. 217-12 of the Consumer Code)
In case of lack of conformity, the CUSTOMER may request the replacement or repair of the product, at his choice. However, if the cost of the choice of the CUSTOMER is manifestly disproportionate to the other possible option, taking into account the value of the product or the importance of the defect, BENU BLANC will be able to proceed to a refund, without following the option chosen by the CUSTOMER.
In the event that a replacement or repair is impossible, BENU BLANC undertakes to refund the price of the product within thirty (30) days of receiving the returned product and in exchange for the return of the product by the CUSTOMER to the following address BENU BLANC Returns Department - 1 Chemin du Tracollet 38113 Veurey-Voroize.
Finally, the CUSTOMER is exempted from proving the existence of the lack of conformity of the product during the twenty-four (24) months following the delivery of the product, except for second-hand goods for which this period is fixed at six (6) months. (Article L.217-7 of the Consumer Code).
It is specified that the present legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the products.
Article 12.2 Guarantee of hidden defects
BENU BLANC is held responsible for the guarantee because of the hidden defects of the sold product which make it unsuitable for the use for which it is intended, or which decrease so much this use that the CUSTOMER would not have acquired it, or would have given only a lesser price, if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the reimbursement of the price of the product if it is returned and the reimbursement of a part of its price, if the product is not returned.
In the event that a replacement or repair is impossible, BENU BLANC undertakes to refund the price of the product within thirty (30) days of receipt of the returned product and in exchange for the return of the product by the CLIENT to the following address BENU BLANC Returns Department - 1 chemin du Tracollet 38113 Veurey-Voroize, France.
The action resulting from redhibitory defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph1 of article 1648 of the Civil Code)
Article 13. Packaging
The products will be packed in accordance with the transport standards in force, in order to guarantee a maximum of protection for the products during the DELIVERY, and if necessary their conservation at the right temperature.
Article 14. Responsibility
The responsibility of BENU BLANC can in no case be engaged in case of non-performance or poor execution of contractual obligations attributable to the CUSTOMER, including during the entry of his ORDER.
BENU BLANC cannot be held responsible, or considered as having failed in the present, for any delay or non-execution, when the cause of the delay or the non-execution is linked to a case of force majeure as it is defined by the jurisprudence of the French courts and tribunals.
It is also specified that BENU BLANC does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all responsibility for the information published on them. The links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.
Finally, the CUSTOMER undertakes in any case to take note of the precautions for use of the product delivered, mentioned on the product or its packaging. BENU BLANC cannot be held responsible for any inconvenience or damage related directly or indirectly to the abnormal use of a product.
Article 15. Force majeure
The responsibility of BENU BLANC cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these GTCs results from a case of force majeure.
Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is solved by right and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In this respect, the responsibility of BENU BLANC cannot be engaged in particular in case of attack of hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communication networks, as well as in case of occurrence of any circumstance or event external to the will of BENU BLANC intervening after the conclusion of the GCS and preventing the execution in normal conditions.
It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot bring any recourse against BENU BLANC.
In case of the occurrence of one of the above mentioned events, BENU BLANC will try to inform the CLIENT as soon as possible.
Article 16. Personal data
BENU BLANC collects on the SITE personal data about its CUSTOMERS, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by BENU BLANC is used in particular to process the ORDERS placed on the SITE, to manage the CUSTOMER's account, if the CUSTOMER has expressly chosen this option, to send him commercial prospecting mails, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER does not wish to receive such communications from BENU BLANC.
The CUSTOMER's data are kept confidential by BENU BLANC, for the needs of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to service providers of BENU BLANC involved in the process of ORDER.
For commercial purposes, BENU BLANC may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that the CUSTOMERS have expressly given their prior consent when registering on the SITE.
BENU BLANC will specifically ask the CUSTOMERS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting BENU BLANC.
BENU BLANC can also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing to the files and freedoms and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of the natural persons with regard to the treatment of the personal data and to the free circulation of these data, and repealing the directive 95/46/CE(General Regulation on the protection of the data known as RGPD), BENU BLANC ensures the implementation of the rights of the concerned people.
It is reminded that the CUSTOMER whose personal data are treated benefits from the rights of access, rectification, update, portability and deletion of the information which concern him, in accordance with the provisions of the articles 39 and 40 of the modified Data-processing law and Freedoms, and with the provisions of the articles 15, 16 and 17 of the European General Regulation on the Protection of the Persons (RGPD).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.
The CUSTOMER can exercise his rights by sending an email to the address: email@example.com or by sending a letter to BENU BLANC - 1 chemin du Tracollet - 38113 Veurey-Voroize, France.
It is specified that the CUSTOMER must be able to prove his identity by any means.
Article 17. ComplaintsBENU BLANC provides the CUSTOMER with a "Customer Telephone Service" at the following number: +33(0)6 09 54 09 68, available from Monday to Friday from
9h00 to 17h00.
Any written complaint of the CUSTOMER will have to be transmitted by electronic mail to the address: firstname.lastname@example.org or by sending a mail to BENU BLANC - 1 chemin du Tracollet - 38113 Veurey-Voroize, France.
Article 18. Intellectual property
All the visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of BENU BLANC. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from BENU BLANC in writing.
This authorization of BENU BLANC will not be granted in any case definitively. This link must be removed at the request of BENU BLANC.
Hyperlinks to the SITE using techniques such as framing or in-linking are strictly prohibited.
Any representation or reproduction, total or partial, of the SITE and its contents, by whatever process, without the prior express authorization of BENU BLANC, is prohibited and will constitute a counterfeit sanctioned by articles L.335-2 and following and articles L.713-1 and following of the Code of the Intellectual Property.
The acceptance of the present GCS is worth recognition by the CUSTOMER of the intellectual property rights of BENU BLANC and commitment to respect them.
Article 19. Validity of the General Conditions
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such a modification or decision does not authorize CLIENTS to disregard these General Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector, for companies whose registered office is located in France.
Article 20: Modification of the General Conditions
The present General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated accurately and can be modified and updated by BENU BLANC at any time. The General Conditions applicable are those in force at the time of the ORDER.
The changes made to the General Conditions will not apply to products already purchased.
Article 21. Jurisdiction and applicable law
The present General Conditions as well as the relations between the CUSTOMER and BENU BLANC are governed by French law.
In case of dispute, only the French courts will have jurisdiction.
However, before any recourse to the arbitral or state judge, the CUSTOMER is invited to contact the complaint service of BENU BLANC.
If no agreement is found or if the CUSTOMER justifies to have tried, beforehand, to solve his dispute directly with BENU BLANC by a written complaint, it will then be proposed an optional mediation procedure, led in a spirit of loyalty and good faith in order to reach an amicable agreement at the time of the occurrence of any conflict relating to the present contract, including bearing on its validity.
To start this mediation, the CUSTOMER can contact the mediator of BENU BLANC: the National Association of Mediators (ANM). In accordance with the articles of the code of consumption L611-1 and following and R612-1 and following, it is envisaged that for any dispute of contractual nature relating to the execution of the contract of sale and/or the provision of services not having been able to be solved within the framework of a complaint introduced beforehand with our customer service, the Consumer will be able to resort free of charge to the mediation He will contact the National Association of Mediators (ANM) either by mail by writing to 62 rue Tiquetonne 75002 PARIS or by e-mail by filling out the online referral form at the following address www.anm-conso.com.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict
The mediation not presenting a compulsory character, the CUSTOMER or BENU BLANC can at any time withdraw from the process.
In the event that mediation fails or is not envisaged, the dispute that may have given rise to mediation will be entrusted to the competent jurisdiction designated above.
APPENDIX 1 - WITHDRAWAL POLICY
Principle of withdrawal
Apart from the exceptions listed below, the CUSTOMER has in principle the right to withdraw by returning or returning the product to BENU BLANC.
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the product.
If the CUSTOMER's order includes several products or if these products are delivered separately, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last product.
Notification of the right of withdrawal
In order to exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify his decision to withdraw by means of an unambiguous statement (for example, letter sent by post, e-mail or telephone call) by post to the address BENU BLANC Service Retours - 1 chemin du Tracollet - 38113 Veurey-Voroize, France. By telephone at +33(0)6 09 54 09 68 or by e-mail at email@example.com.
He can also use the form below:
To the attention of : BENU BLANC Service Retours - 1 chemin du Tracollet - 38113 Veurey-Voroize, France (phone: +33(0)6 09 54 09 68)
E-mail address: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Product reference : [____________]
Invoice number: [____________]
Purchase order number : [____________]
- Ordered on [____________] / Received on [________________]
- Payment method used: [____________]
- Name of CUSTOMER and, if applicable, the beneficiary of the order: [____________]
- CUSTOMER's address: [____________]
- Delivery address: [____________]
- Signature of CUSTOMER (except in the case of transmission by e-mail)
- Date of order
In order for the withdrawal period to be respected, the CUSTOMER must transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of the withdrawal
In case of withdrawal by the CUSTOMER, BENU BLANC commits itself to reimburse the totality of the sums paid, including the delivery costs (with the exception of the additional costs resulting from the choice by the CUSTOMER, if necessary, of a delivery method other than the less expensive standard delivery method proposed by BENU BLANC ) without excessive delay and, in any case, at the latest fourteen (14) days from the day when BENU BLANC will receive the returned product (Article L.221-24 of the Code of consumption).
BENU BLANC will proceed to the reimbursement using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this reimbursement will not incur any costs for the CUSTOMER.
BENU BLANC is not obliged to refund additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by BENU BLANC.
BENU BLANC may defer the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever comes first.
Administrative costs related to the reinstatement of the product in stock as well as costs related to the return of the product when it remained in the hands of the carrier because not recovered by its recipient may be deducted from the total amount of the refund. They may amount to 6.50€including VAT.
Terms of return
The CUSTOMER will have, without excessive delay and, in any case, at the latest fourteen (14) days after communication of his decision to withdraw from the present contract, to send the good back to : BENU BLANC Service returns - 1 chemin du Tracollet - 38113 VEUREY VOROIZE
This period is considered to have been respected if the CUSTOMER returns the goods before the expiry of the fourteen day period.
The CUSTOMER will have to take charge of the direct expenses of return of the good.
Condition of the returned good
The product must be returned according to the instructions of BENU BLANC and include all accessories delivered. It must be in its original packaging, unopened, unused.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CLIENT's specifications or clearly personalized
- Supply of goods likely to deteriorate or expire quickly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering or services related to leisure activities if the offer includes a specific date or period of performance
- Supplies of goods that by their nature are inseparably mixed with other items
- Supply of sealed goods that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the CUSTOMER after DELIVERY
- Supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the actual value of which depends on market fluctuations beyond the control of the seller
- Supply of digital content not supplied in dematerialized form if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
- Contracts concluded at a public auction
ANNEX 2 - DELIVERY POLICY
The products offered can only be delivered within the TERRITORY.
It is impossible to place an ORDER for any delivery address located outside this TERRITORY.
The products are shipped to the delivery address(es) that the CUSTOMER will have indicated during the ordering process.
The deadlines for preparing an ORDER and then establishing the invoice, before shipping the products in stock are mentioned on the SITE. These deadlines do not include weekends or public holidays.
An e-mail message will automatically be sent to the CUSTOMER at the time of shipment of the products, provided that the e-mail address in the registration form is correct.
Delivery time & costs
During the ordering process, BENU BLANC indicates to the CUSTOMER the possible delivery times and shipping options for the products purchased.
The shipping costs are calculated according to the delivery method and the delivery zone.
The amount of these costs will be due by the CUSTOMER in addition to the price of the products purchased.
Details of delivery times and costs are detailed on the SITE.
Methods of DELIVERY
The parcel will be given to the CUSTOMER against signature for a parcel of an amount equal or superior to 150 €.
In case of absence, a notice of passage will be left to the CUSTOMER to allow him to pick up his package in his post office.
Problems of DELIVERY
The CUSTOMER is informed of the delivery date when he/she chooses the carrier, at the end of the online ordering process, before confirming the ORDER.
It is specified that deliveries will be made within eight (8) days maximum. If the CUSTOMER fails to do so, he must give notice to BENU BLANC to deliver within a reasonable time and in case of non delivery within this time, he can cancel the contract.
BENU BLANC will reimburse, without undue delay from the receipt of the letter of cancellation, to the CUSTOMER the total amount paid for the products, including taxes and delivery costs, by means of the same method of payment that the CUSTOMER used to purchase the products.
BENU BLANC is responsible until the DELIVERY of the product to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of damage or partial loss found during delivery.